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Terms & Conditions

The Parcel Network is a tradename of Trans-aXion Limited.

All payments made will be credited to Trans-aXion Limited

On this page, you will find the latest (and most applicable) Terms and Conditions of Carriage. Please note that different terms and conditions may apply in certain countries.

TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions")

IMPORTANT NOTICE

When ordering The Parcel Network's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that The Parcel Network accepts the Shipment unless otherwise agreed in writing by an authorised officer of The Parcel Network. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means The Parcel Network chooses, including air, road or any other carrier. A "waybill" shall include any label produced by The Parcel Network automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information).

1 Customs, Exports and Imports

The Parcel Network may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who The Parcel Network believes in its reasonable opinion to be authorised.

2 Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;

no customs declaration is made when required by applicable customs regulations; or

3 Deliveries & Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, The Parcel Network shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by The Parcel Network without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

4 Inspection

The Parcel Network has the right to open and inspect a Shipment without prior notice to Shipper.

5 Shipment Charges & Billing

5.1 Any shipments which when measured by the selected carrier are greater than the declared weight (whether static or volumetric weight) will incur retrospective charging for the difference between the measured weight and the declared weight. Volumetric weight conversion formulae vary by service, but the calculated volumetric weight is shown on the Item tab for each order. Any such orders will also incur an additional retrospective administration charge of £2 per consignment.

5.2 For deliveries to the UK using UK Mail, any item which when measured by the carrier is greater than 1.4m in length will incur a charge at time of shipping or a retrospective charge of £11.25 for items up to 30Kg and £14.61 for items up to 20Kg. Any shipments requiring a redelivery will be charged £3.94 per re-delivery attempt.

5.3 For European shipments, a £15 surcharge will be applied to any item whose length is greater than 1.2m.
Shipper shall pay or reimburse The Parcel Network for all Shipment charges, storage charges, duties and taxes owed for services provided by The Parcel Network or incurred by The Parcel Network on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.

5.4 If you request a collection (whether ad-hoc or a regular scheduled collection) and you do not have any items for the driver to collect that day, we will apply a £10 retrospective surcharge to cover the charge which will be levied to ourselves by the carrier. If you have a regular collection and decide that you no longer require this, you must notify us in writing giving at least 5 days notice in order that we can cancel the collection with the carrier. Until such notice has been given and has expired you will continue to be charged £10 for any days where there was nothing to collect.

5.5 The Parcel Network shall have lien on any goods shipped, for all the charges due to be received from the customer, and refuse to surrender possessions of the goods until such charges are paid.

5.6 Any customer that does not maintain a valid Direct Debit instruction in place in favour of The Parcel Network, and who does not pay its invoice(s) by the due date stated on the invoice, shall incur a weekly administration fee of £35 per overdue invoice, as well as interest charges on all outstanding amounts calculated at 5% above the Bank of England base rate for the period from when the payment was due until it has been made.

6. Refund Policy

When using The Parcel Network services you will have the facility to remove unwanted items from the Basket after creation of your order(s). However, at the point of purchase, instructions relevant to your chosen service are immediately applied to the carrier, the service has therefore begun by agreement and right to cancel no longer applies.

Refunds may be offered in exceptional circumstances at the discretion of the management

7 The Parcel Network's Liability

The Parcel Network's liability in respect of any one shipment transported, where no additional insurance has been selected, without prejudice to Sections 8-11, is limited to the lesser of its actual cash value or £10 per kg for shipments for delivery in the UK only, and each and every claim is subject to a £55 excess payable by the customer. There is no compensation for certain categories of goods , and these are displayed on the booking system when entering the delivery details by clicking on the link "No Compensation Item List". There is no liability for shipments for delivery overseas unless additional insurance has been selected.

Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 9 (Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.

8 Time Limits for Claims

You must notify us of any claim within 3 working days of the Date of Delivery or in the case of loss within 3 working days of the Due Date of Delivery. Furthermore all claims must be submitted in writing including a completed Claim Form to The Parcel Network within twenty (21) calendar days from the date that The Parcel Network accepted the Shipment, failing which The Parcel Network shall have no liability. In exceptional circumstances, and at the sole discretion of the management of The Parcel Network, the time limits above may be waived. Please note that no claims should be submitted directly to the carrier used.

9 Shipment Insurance

The Parcel Network may be able to arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section when booking the Shipment on The Parcel Network's automated systems and pays the applicable premium. Shipment insurance is not available for all services, and does not cover indirect loss or damage, or loss or damage caused by delays. Furthermore certain categories of goods are not eligible for insurance, and these are displayed on the booking system when entering the delivery details by clicking on the link "No Compensation Item List".

In the event that Shipment Insurance is selected the conditions of section 14 (Premium Insurance) also apply.

10 Delayed Shipments

The Parcel Network will make every reasonable effort to deliver the Shipment according to The Parcel Network's regular delivery schedules, but these are not guaranteed and do not form part of the contract. The Parcel Network is not liable for any damages or loss caused by delays.

11 Circumstances beyond The Parcel Network's control

The Parcel Network is not liable for any loss or damage arising out of circumstances beyond The Parcel Network's control. These include but are not limited to:-"Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to The Parcel Network; riot or civil commotion; any act or omission by a person not employed or contracted by The Parcel Network e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

12 Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits The Parcel Network's liability for loss or damage.

13 Shipper's Warranties and Indemnity

Shipper shall indemnify and hold The Parcel Network harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:

all information provided by Shipper or its representatives is complete and accurate;

the Shipment was prepared in secure premises by Shipper's employees;

Shipper employed reliable staff to prepare the Shipment;

Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to The Parcel Network;

Shipper will ensure that all goods are adequately packaged and protected to withstand repeated manual handling and conveyor processing. This includes re-inforcement to all corners, as well as internal filling to prevent movement of the goods within the packaging.

14 Premium Insurance

Limits

Freight Forwarders Legal Liability – limited to the lesser of the declared value of insured consignment as entered on the bookings screen at www.theparcelnetwork.com, and the replacement cost.
All Risks Legal Liability – not covered.
Warehousekeepers Legal Liability – not covered.
Consequential Loss – not covered.

Excess

The excess amounts below apply only to consignments with declared value over £2000:

For each and every loss, £250 Excess for Freight Forwarders Legal Liability.
For each and every loss, £500 Excess for Errors and Omissions.

Premium

1.5% of the declared value of each consignment insured, declared on the booking screen at www.theparcelnetwork.com

Cover is afforded under this section of the policy for deviation only where such deviation occurs without the prior knowledge of the Assured.
SPECIAL NOTICE
Cover under this section is subject to the Assured’s compliance with part (iv) of the "DUTY OF ASSURED" wording requiring that the Assured shall at no time deliberately and/or knowingly and/or recklessly furnish incorrect information either verbally or on any documentation issued or completed in performance of the Assured’s business including without limitation any Bills of Lading and/or other documents containing or evidencing a contract of carriage or otherwise, and/or any customs documents and/or shipping documents.

IMPORTANT cover provided under this section of the policy is subject to the GENERAL CONDITIONS EXCLUSIONS AND OBSERVANCE TERMS.

Errors and Omissions

Conditions

Errors and Omissions
This section shall cover the Assured's legal liability in relation to the goods and/or merchandise and/or containers and/or trailers arising out of their occupation insured under this policy, arising from negligent acts, errors and omissions, including misdirection of goods, and resulting in the Assured failing partly or totally to fulfil their contractual obligations. However, this section excludes any claim for consequential loss and/or delay except insofar as provided for elsewhere in the policy.
Losses falling under this extension for errors and omissions are recoverable hereunder, only if discovered during the period of the policy and the claim is advised in writing not later than three months after expiry.
If the nature of the loss is such as to be covered under another section of the policy, including but not limited to claims for physical loss or damage, the claim will be dealt with under that section.
Excluding claims in respect of full loads of wines, spirits, cigarettes and tobacco products arising from the incorrect discharge or failure to discharge any ‘T Form’, ‘Carnet’ or similar customs related transit document.
Excluding fines or penalties imposed by the authorities of any country comprised in the former USSR including the C.I.S.
Excluding any claim howsoever arising relating to the breach of or failure to comply with Financial Services Authority (FSA) Regulations concerning but not limited to the sale of insurance or the administration thereof whether or not the Assured is regulated (in whatever capacity) or unregulated by the FSA.
Claims under this section are subject to the General exclusions of the policy. Insurers shall only be liable for the amount by which any claim exceeds the sum stated as the excess and only upto the limit as provided for in the schedule.

IMPORTANT cover provided under this section of the policy is subject to the GENERAL CONDITIONS EXCLUSIONS AND OBSERVANCE TERMS.

General Conditions

Conditions

General Conditions, Exclusions and Observance
GENERAL EXCLUSIONS Insurers shall not be liable for any claims:-

i) in respect of risks required to be insured in the UK or otherwise provided for by any vehicle owner under the Road Traffic legislation or equivalent or by any employer under the Workmen’s Compensation or Employers Liability Compulsory Insurance Legislation;

ii) brought against the Assured for libel or slander;

iii) brought against the Assured resulting from the Assured’s fraudulent, criminal, wilful or malicious acts or omissions;

iv) resulting from the insolvency of the Assured;

v) for breach of any duty of care where the claimants had no contract with the Assured (except as covered by the Legal Liability to Third Party wording where included in the policy);

vi) resulting from the Assured’s inability to pay or collect monies due other than the carriage charges which they may be required to pay or collect on behalf of their principals;

vii) resulting from loss of life or personal injury to any person or living creature unless specifically covered by the policy wording;

viii) resulting from the chartering of any vessel or aircraft, whether totally or partially;

ix) resulting in any liability for customs fines or penalties imposed for a breach of law, regulation or order enforced by the Federal Maritime Commission Department or justice of Federal Trade Commission and excluding any punitive or exemplary damage awards, in the USA;

x) resulting from any award of punitive, exemplary, multiple or liquidated damages;

WAR EXCLUSION This policy excludes loss of or damage to cargo occasioned by or happening through or in consequence of war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE This policy excludes any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from:-

a) ionising, radiations or contamination by radioactivity from any nuclear fuel or nuclear waste or from the combustion of nuclear fuel.

b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

c) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.

e) any chemical, biological, bio-chemical or electromagnetic weapon

CYBER ATTACK EXCLUSION CLAUSE

a) subject only to clause b) below, in no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system.

b) where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, clause a) shall not operate to exclude losses (which would otherwise be covered) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.

DUTY OF ASSURED CLAUSE It is a condition precedent to the liability of Insurers hereunder:-

(i) that the Assured makes a full declaration of all current trading conditions at inception of the policy period;

(ii) that during the currency of this policy the Assured continuously trades under the conditions declared and approved by Insurers in writing;

(iii) that the Assured shall take all reasonable and practicable steps to ensure that all trading conditions are incorporated in all contracts entered into by the Assured. If a claim arises in respect of a contract into which the Assured have failed to incorporate the above mentioned conditions the Assured's right to be indemnified under this policy in respect of such a claim shall not be prejudiced providing that the Assured has taken all reasonable and practicable steps to incorporate the above conditions into contracts;

(iv) that the Assured shall at no time deliberately and/or knowingly and/or recklessly furnish incorrect information either verbally or on any documentation issued or completed in performance of the Assured’s business including without limitation any Bills of Lading and/or other documents containing or evidencing a contract, of carriage or otherwise, and/or any customs documents and/or shipping documents;

(v) that the Assured shall at all times act with due diligence.

CO-OPERATION CLAUSE The Assured shall, at the request and expense of Insurers, co-operate in all reasonable and necessary steps required by Insurers.
SUB-CONTRACTORS AND/OR SUCCESSIVE CARRIERS

(i) The Assured shall take all reasonable steps to ascertain that all parties with whom they contract maintain sufficient and reasonable levels of insurance and where appropriate shall request proof of insurance;

(ii) The benefit of this Policy shall in no circumstances whatsoever pass to sub-contractors and/or Successive Carriers.

PREMIUM CLAUSE The Deposit Premium is payable to Insurers at inception of the policy and is adjustable on expiry at the agreed rate on the certified gross annual turnover, subject to a minimum premium of 100% of the deposit unless specifically agreed by Insurers.

NON-CONTRIBUTION CLAUSE This insurance does not cover any loss or damage which at the time of the happening of such loss or damage is insured by or would, but for the existence of this policy, be insured by any other existing policy or policies had this insurance not been effected.

IMPORTANT INSTRUCTIONS IN EVENT OF LIABILITY CLAIM In the event of an incident taking place that could give rise to a claim, the assured should ensure that they hold all sub-contractors responsible in writing for the incident and report the matter to Insurers.

The assured should also take all reasonable steps to mitigate the loss.

The Assured shall as a condition precedent to their right to be indemnified under this Policy give to the Insurers immediate notice in writing:-

(i) of any claims made against them or;

(ii) of the receipt of notice from any person of any intention to hold the Assured responsible for the results of any breach of professional duty in connection with the Assured’s business as defined and covered by this policy and shall in either case upon request give to the Insurers such information as the Insurers may reasonably require. This duty continues after the expiry of the policy period;

(iii) the Assured shall not admit liability for, or settle any claim, or incur any costs or expenses in connection therewith, without the written consent of Insurers, who shall be entitled to take over and conduct the defence or settlement of any claim in the name of the Assured;

(iv) the Assured should provide all documentation requested by Insurers which is not limited to the following list:

All transit documentation;
Suppliers invoice;
Packing list, where one is issued;
Quantified statement of claim;
Correspondence in which all subcontractors are held responsible and their response, if received;
Completed claim form;
Where applicable photos of the alleged damage and packaging.
All correspondence exchanged with the claimant.

EXCESS CLAUSE If a payment in excess of the amount of indemnity available under this policy has to be made to dispose of a claim, the Insurers’ liability for the costs and expenses incurred shall be such proportional to the amount of indemnity available under this policy.

FRAUDULENT CLAIMS If the Assured submits any claim knowing the same to be fake or fraudulent in any way this insurance shall become void and all claims hereunder shall be forfeited.
LEGAL EXPENSES Insurers will in addition to any claim payments made under this policy also pay all reasonable costs and expenses including solicitors’ fees for the defence in a Court of competent Jurisdiction of proceedings arising out of an alleged breach of statutory duty incurred with their written consent and relating to any claim which may be the subject of indemnity under this Policy.

CANCELLATION CLAUSE This insurance may be cancelled at any time by either party giving 30 days notice in writing by pre-paid letter post properly addressed to the last known address of the Assured. Subject to no claims having been made during the period of insurance Insurers at their discretion shall receive and retain pro- rata or earned premium whichever is the greater.

OBSERVANCE It is a condition precedent under this policy that all statements and representations contained within the proposal shall be truthful, duly observed and fulfilled.

UNLAWFUL TRADING No provision of this policy shall extend to cover any liability of whatsoever nature directly or indirectly caused by or contributed to or arising from any unlawful trade or any service provided in respect of unlawful goods where such liability shall have arisen as a result of the knowing or reckless involvement of the Assured or any associated or connected company or individual or their employees. Cover shall only be available in respect of any such liability where the Assured can show that the liability has arisen through the unwitting involvement of the Assured in any such trade or service and where the Assured has established and maintained proper systems or precautions to prevent such involvement. The burden of proving that such liabilities are covered shall be upon the Assured.

PREMIUM PAYMENT CLAUSE It is hereby agreed between the Insurers and the Assured that in the event of the Assured, or their agents on whose instructions insurance may have been effected, failing to pay Insurers representatives the premium or any instalment thereof on the due date, or failing to submit the necessary documentation for an invoice to be raised;
A) this policy may be forthwith cancelled by Insurers representatives. The foregoing is subject to Insurers representatives giving 10 calendar days notice in writing to the Assured, or their agents on whose instructions insurance may have been effected or in accordance with the terms and conditions of any letter of undertaking that may be issued in favour of any assignee or mortgagee of this insurance.
B) will delay the payment of any claim presented and agreed for settlement under the policy.

POLICY JURISDICTION CLAUSE This policy shall be construed according to and governed by English law and any dispute hereunder shall be submitted to the non-exclusive jurisdiction of the High Court of Justice, England.

TERRORISM EXCLUSION CLAUSE This policy excludes all acts of Terrorism and persons acting from a political motive.

LSW 1001 SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.